KELLAR & STRANG

In the matter of KELLAR & STRANG, heard before Judge McNab, the dispute concerned parenting arrangements for two children, [X] and [Y]. The proceedings involved an application by the Applicant, which was ultimately dismissed.

The court was required to determine several legal issues, including the need for independent representation for the children, the arrangements for psychiatric assessment of the Applicant, the discharge of previous orders, the removal of the children's names from an Airport Watch List, and crucially, the terms of travel for the children with the mother, the issuance of passports, and the establishment of equal shared parental responsibility and living arrangements. The court also considered provisions relating to communication between parents, holiday time, and injunctions against denigrating the other parent.

Judge McNab ordered that the children be independently represented, requesting Victoria Legal Aid to arrange this and outlining specific duties for the Independent Children’s Lawyer. The court also directed a psychiatric assessment of the Applicant and discharged prior orders. Significant orders were made regarding the mother's ability to travel with the children to Country A during specified periods, with conditions for notification and passport arrangements. The court established equal shared parental responsibility, with the children to live with the mother and spend time with the father on a defined schedule, with provisions for holidays and communication. Injunctions were imposed to prevent the denigration of either parent in the presence of the children.

The court further ordered that the Applicant's application filed on 17 April 2019 be dismissed. The orders also included detailed provisions regarding the consequences of contravening the orders, the implications of family violence allegations under section 102NA of the Family Law Act 1975, and the process for unrepresented parties seeking representation through the Commonwealth Family Violence and Cross-Examination of Parties Scheme. The matter was adjourned for directions.